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(영문) 부산지방법원 서부지원 2017.06.13 2017고단261

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 6, 2016, at around 07:54, the Defendant sent to the victim D’s cell phone at the Defendant’s residence located in Busan Seo-gu, Busan, a written message “I wishing to grow up and grow up only D only,” as his/her cell phone,” and sent from that time to January 8, 2017, the Defendant sent the victim a text message that may cause sexual humiliation or aversion in the same way twice as indicated in the list of crimes in the attached Table, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (to select a fine, collectively, in the use of each communication medium);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction becomes final and conclusive in regard to the facts constituting the crime indicated in the judgment on the registration of personal information on Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The suspended period is the special robbery of sentencing.